Roberts wins Committee approval
on Sep 22, 2005 at 1:05 pm
Circuit Judge John G. Roberts, Jr., won approval of the Senate Judiciary Committee early Thursday afternoon to be Chief Justice, gaining the support of three Democrats and all Republicans on that Committee. The final vote, announced at 12:55 p.m., was 13-5.
That strongly suggested that Roberts will, as expected, win an overwhelming vote of approval by the full Senate when it votes late next week. It also indicated he may get a sizeable number of Democrats’ votes in the full Senate.
Perhaps the only surprise was the vote of Sen. Russell Feingold, a Wisconsin Democrat and one of the most liberal members of the Senate. He declared his support after concluding that Roberts “will not bring an ideological agenda to the Supreme Court.” The record in the nomination proceeding, the senator said, is that of “a lawyer’s lawyer without an ideological agenda.” Feingold said that “a defining moment” for him in the proceedings was the degree to which Roberts expressed his concern about the super-secret court that grants authority for secret wiretapes to gather foreign intelligence.
Among Democrats, voting with Feingold in favor of Roberts were the Committee’s top Democrat, Sen. Patrick Leahy of Vermont, and Feingold’s Wisconsin colleague, Herbert Kohl. Leahy had announced his vote on the Senate floor Wednesday. In brief remarks at Thursday’s Committee session, Sen. Kohl said that he was voting “my hopes and not my fears” about Roberts as a judge. Kohl said he chose “to take Judge Roberts at his word,” about being a modest judge. Those words, the senator said, “will bind him throughout his career.”
Lurking in the background of the strong vote for Roberts — and mentioned by several senators — is the likely fight that may unfold when President Bush makes his next nomination to the Court, to replace retiring Justice Sandra Day O’Connor. Democrats seemed to be suggesting that the next nominee will face a more rigorous fight than Roberts did, if that nominee is a conservative more controversial than they have found Roberts to be. Democrats who voted in favor of Roberts indicated their votes were no assurance of approval of the next nominee, especially if their questions are not answered more fully.
Even Republicans conceded the next nominee “will be judged by the standard John Roberts has set.” as Sen. John Cornyn of Texas put it.
After Sen. Edward Kennedy, Massachusetts Democrat, asked Chairman Arlen Specter, Pennsylvania Republican, what the status of the next nominee was, Specter said that President Bush intends to await the final vote on Roberts before naming a nominee to succeed O’Connor, but will send up a name “very promptly thereafter.”
Specter said there was no timetable for the next proceeding, saying “we will take the time we need…We will take it as it comes.” But he also said there would be a thorough inquiry into any writings of the next nominee, plus a broad background investigation. He did imply that the Committee may still be working on that next process into November.
Roberts nomination is expected to go to the Senate floor on Monday, with a final vote on Thursday or Friday of next week.
